----Scientific
research--Assessee requesting two companies to make payments on its behalf in
view of shortage of funds--Revenue not disputing fact or disproving by
them--Companies obtaining receipts in their name but claiming no
deduction--Assessee paying amounts subsequently to those two
companies--Assessee cannot be denied deduction--Income-tax Act, 1961, s.
35(1)(ii)-- CITv . Armour Consultants P. Ltd.
(Mad) . . . 418

Charitable
purpose
--Charitable trust--Registration--Test of genuineness of activity not a ground
for refusal of registration--Genuineness of objects to be tested--Registration
not to be rejected on ground trust has not yet commenced charitable or
religious activity--Commissioner satisfied with objects of trust for subsequent
year--Refusal of registration for preceding year not justified--Exemption from
application of income received by way of donation--To be decided when return is
filed--Income-tax Act, 1961, s. 12AA-- Hardayal Charitable and Educational
Trustv.CIT (All) . . . 534

Housing
project
--Special deduction--Computation--Interest on delayed payment by
purchasers--Balance due from contractors and suppliers--Part of income derived
from development of housing project--Entitled to deduction--Income-tax Act,
1961, s. 80-IB(10)-- CITv.Pratham Developers (Guj) . . .
507

Income
from undisclosed sources --Assessee proving purchase and
existence of crane--No claim of cost of crane in return and no debit in profit
and loss account--No addition could be made in respect of purchase price--No
material to show crane not in existence--Depreciation not
disallowable--Income-tax Act, 1961-- CITv . Vijay M. Mistry
Construction Ltd. (Guj) . . . 498

S.
2(42A), Expln. 1(i)(b) --Capital gains--Capital asset--Cost of
acquisition--Capital asset acquired by assessee under gift--Indexed cost of
acquisition--To be with reference to year in which previous owner acquired
asset and not year in which assessee acquired asset-- CITv . Manjula
J. Shah (Bom) . . . 474

S.
12AA
--Charitable purpose--Charitable trust--Registration--Test of genuineness of
activity not a ground for refusal of registration--Genuineness of objects to be
tested--Registration not to be rejected on ground trust has not yet commenced
charitable or religious activity--Commissioner satisfied with objects of trust
for subsequent year--Refusal of registration for preceding year not
justified--Exemption from application of income received by way of donation--To
be decided when return is filed-- Hardayal Charitable and Educational Trustv.CIT (All) . . . 534

S.
35(1)(ii)
--Business expenditure--Scientific research--Assessee requesting two companies
to make payments on its behalf in view of shortage of funds--Revenue not
disputing fact or disproving by them--Companies obtaining receipts in their
name but claiming no deduction--Assessee paying amounts subsequently to those
two companies--Assessee cannot be denied deduction-- CITv . Armour
Consultants P. Ltd.
(Mad) . . . 418

S.
48
--Capital gains--Capital asset--Cost of acquisition--Capital asset acquired by
assessee under gift--Indexed cost of acquisition--To be with reference to year
in which previous owner acquired asset and not year in which assessee acquired
asset-- CITv . Manjula J. Shah (Bom) . . . 474

S.
80-IB(10)
--Housing project--Special deduction--Computation--Interest on delayed payment
by purchasers--Balance due from contractors and suppliers--Part of income
derived from development of housing project--Entitled to deduction-- CITv.Pratham Developers (Guj) . . . 507

----Appeal
to High Court--Powers of High Court--Power to frame additional question of
law--High Court has power to frame additional question of law during hearing--
CITv . Indo Gulf Fertilizers Ltd. (All) . . . 437

S.
276B
--Offences and prosecution--Deduction of tax at source--Company--Failure to
deposit tax deducted at source to credit of Central Government--Dismissal of
complaint for failure by Income-tax Officer to produce documents before trial
court within reasonable time--Documents in judicial custody in some other
case--Prosecution case to be decided on the merits--No prejudice caused to
accused if original complaint restored--Direction to restore complaint-- P.
Jayanandan, Income-tax Officerv . Sri Ramakrishna Steel
Industries Ltd . (Mad) . . . 528

S.
278B
--Offences and prosecution--Deduction of tax at source--Company--Failure to
deposit tax deducted at source to credit of Central Government--Dismissal of
complaint for failure by Income-tax Officer to produce documents before trial
court within reasonable time--Documents in judicial custody in some other
case--Prosecution case to be decided on the merits--No prejudice caused to
accused if original complaint restored--Direction to restore complaint-- P.
Jayanandan, Income-tax Officerv . Sri Ramakrishna Steel
Industries Ltd . (Mad) . . . 528